Director of Secondary Education holds quasi-judicial power to probe election validity and approvals in aided institutions under School Education Act; jurisdiction distinct from Societies Act; prima facie enquiry required on serious allegations.

JUDGMENT :

MANOJ KUMAR TIWARI, J.

1. Committee of Management of a Government aided Intermediate College in District Haridwar, has filed this writ petition, challenging the orders dated 9th April 2025 and 27th June 2025, passed by Director, Secondary Education, Uttarakhand.

2. By the first order dated 9th April 2025, a three member enquiry committee, headed by Regional Additional Director of Education, Pauri, was constituted. By the subsequent order dated 27th June 2025, another three member committee was constituted to look into the allegations made in the representation whereby request was made to suspend the administrative powers of the management committee, till the issue of fake election is decided.

3. It transpires that respondent No. 5, who was life member of the society, which is running the college, filed appeal against approval granted to the election of committee of management by the Regional Additional Director of Education, Pauri vide order dated 28th January 2025. The said appeal was filed before Director, Secondary Education.

4. In the appeal, it was alleged that the then Regional Director of Education, in collusion with person claiming to have been elected unopposed as Manager of the institution in question, granted approval to the election in last days of his service career. After filing of appeal, Director, School Education constituted a three member enquiry committee to look into the allegation that the approval to fake election was granted in improper and hasty manner by the Regional Additional Director of Education.

5. During pendency of appeal, another complaint was made by respondent No. 5 to Director, School Education that the person, who claim to be elected as Manager of the college in question, is proceeding to hold selection for appointment against available vacancies on the post of Lecturer and Assistant Teacher and the date of interview is fixed as 1^st July 2025 and, since the question of validity of approval granted by Regional Additional Director of Education is under consideration in appeal, therefore till decision in pending appeal, administrative powers of the management be suspended to prevent misuse of power by the persons, who have grabbed the management by deceitful means.

6. On this complaint, another three member committee of enquiry was constituted by Director, School Education vide order dated 27th February 2025. Petitioner challenges these two orders passed by the Director, School Education on the ground that in the absence of any enabling provision in the Scheme of Administration, it was incompetent for the Director to constitute any enquiry committee.

7. Learned counsel for the petitioner contends that the dispute regarding validity of election of committee of management can only be decided under Section 25 of Societies Registration Act, 1860 and not by the Director of Education or the Regional Additional Director of Education.

8. Learned counsel for petitioner submits that the order passed by Deputy Registrar, Firms, Societies and Chits on the representation of respondent No. 5 on 17th March 2023, is legally unsustainable. He submits that respondent No. 5 should have challenged the said order before the appro